Citation Nr: 9514424
Decision Date: 07/31/95 Archive Date: 04/30/01
DOCKET NO. 93-20 024 ) DATE
)
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Waco, Texas
THE ISSUES
1. Entitlement to service connection for bilateral hearing
loss.
2. Entitlement to service connection for tinnitus.
ATTORNEY FOR THE BOARD
Alberto H. Zapata, Associate Counsel
INTRODUCTION
The veteran served on active duty from October 1979 to May
1991.
This matter comes to the Board of Veterans' Appeals (Board)
on appeal from rating decisions of the Department of Veterans
Affairs (VA) Regional Office (RO) in Waco, Texas.
REMAND
The veteran contends that he currently suffers from bilateral
hearing loss and tinnitus which he claims stem from his work
with generator equipment while in service. In an April 1981
service medical report, the examiner noted that the veteran
had low frequency hearing loss in the right ear; it was
recommended that the veteran be referred to audiology for
special examination. Subsequent audiometry studies reveled
that the veteran experienced a pure tone threshold of 20
decibels in the right ear on a consistent basis. Current VA
examination of the veteran revealed that the veteran had
normal hearing. In light of the veteran's in-service duties
involving high frequency generator equipment and in-service
evidence of some hearing loss affecting the right ear, the
Board is of the opinion that further audiological evaluation
of the veteran is warranted. In addition, the veteran has
not been properly evaluated for tinnitus in post-service VA
medical evaluation.
Review of the record also revealed that the veteran claimed
that private audiological examinations may be available and
the RO should make further efforts to secure those records.
Accordingly, the case is REMANDED to the RO for the following
actions:
1. The RO should contact the veteran
and request that he identify the names,
addresses and approximate dates of
treatment pertaining to all health care
providers, both VA and non-VA, who may
possess additional records pertinent to
his claim for tinnitus and hearing loss,
to specifically include job-related
hearing examination reports referenced
by the veteran in his October 1992 VA
Form 1-9. Then, in light of the
response received and after obtaining
any necessary authorization from the
veteran, the RO should attempt to obtain
copies of all treatment records
identified by the veteran which are not
currently of record.
2. Thereafter, the RO should arrange
for the veteran to undergo VA
examination, to include an audiogram, by
a board certified otolaryngologist, if
available, to determine the nature and
severity of any current hearing loss or
impairment. In addition, after
reviewing the record, inclusive of all
service medical evidence the examiner is
specifically requested to offer an
opinion whether it is at least as likely
as not that any ascertained hearing loss
and tinnitus was caused by the veteran's
service. Any opinion expressed should
also include discussion of the presence
or absence of tinnitus and its severity.
Any special diagnostic studies deemed
necessary should be performed. It is
imperative that a copy of this REMAND be
provided to the examiner, and the claims
folder must be made available to the
examiner for review prior to the
examination. The rationale for all
opinions expressed should be fully
explained.
3. Then, after undertaking any
development deemed necessary in addition
to that specified above, the RO should
readjudicate the issues on appeal.
If the benefits sought on appeal are not granted to the
veteran's satisfaction, the RO should issue a Supplemental
Statement of the Case, and the veteran and his
representative should be afforded a reasonable opportunity
to respond. Thereafter, the case should be returned to the
Board for further appellate action, if otherwise in order.
No action is required of the veteran until he is otherwise
notified by the RO. By this remand the Board intimates no
opinion as to any final outcome warranted.
F. JUDGE FLOWERS
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1994).